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Legal remedies available for landlords fall into two basic categories: recovering possession of the rented premises and payment for money damages. The main challenge for a landlord is knowing the specific steps required to recover possession, which can vary significantly depending upon the type and location of the rental property. Landlord-tenant laws are different in each state, and can even differ among cities and counties within the same state. Before pursuing any remedy, it is necessary to check the state and local laws where the property is located (see Resources).

Failure to Pay Rent

A tenant's failure to pay rent is the most difficult situation for a landlord. The landlord must pursue recovering possession of the premises from the tenant through a court-ordered eviction or unlawful detainer lawsuit. Before this remedy can be pursued, proper written notice must be given to the tenant. In most situations, the notice is a 3-day pay or quit notice; that is, the tenant has 3 days to either pay the rent due or surrender possession of the premises. However, the required notice period varies in certain situations. For example, in California, if the rental housing unit is sold at foreclosure and the tenant was not a party to the foreclosed mortgage, the notice period is enlarged from 3 days to 60 days.

Breach of Rental Agreement

When the tenant breaches the rental agreement--other than non-payment of rent--a proper written notice must be served on the tenant before the landlord can recover possession of the premises. In these situations, the notice is usually described as a cure or quit notice that gives the tenant the right to correct whatever condition exists that is causing the breach. For example, such breaches include having a pet not permitted under the lease, failing to repair tenant-caused property damage or breaking common-area rules. In California, the required notice is a 3-day notice to cure or quit. Other jurisdictions may require a longer period or a period of time reasonably sufficient to rectify the breach.

Termination Tenancy

A landlord may give a notice to terminate the tenancy to recover possession of the premises. In this instance, the tenant has no option to take action to save the tenancy. This notice is given when a tenancy is month-to-month and the landlord is permitted to terminate the tenancy by giving a 30- or 60-day notice; however, this is a situation where jurisdictions can vary greatly regarding the rules for the notice. Some jurisdictions will permit a landlord to give such a notice without cause, while other jurisdictions, in particular rent-controlled cities, require a just cause to evict a tenant. Just cause is usually considered to be egregious conduct, such as being a nuisance or threat to the other tenants. In tenancies involving Section 8 housing assistance, just cause is required for eviction.

Notice of Abandonment

A landlord may be able to recover possession of the premises without having to file a lawsuit when the tenant abandons the premises. For example, in California, if the rent is unpaid for at least 14 consecutive days and the landlord reasonably believes that the tenant has abandoned the premises, the landlord can post and mail a notice to the tenant indicating this belief. If the tenant fails to respond within 18 days after mailing the notice, the rental unit is deemed abandoned.

Civil Suit for Damages

If the tenant owes the landlord money for any reason—for instance, back rent or property damage—the landlord can file a lawsuit and pursue a money judgment. If the landlord must file a lawsuit to recover possession, this lawsuit can include a claim for money damages as well. However, in cases where the tenant has vacated the premises but still owes the landlord money, the lawsuit will solely seek a money judgment. In the best-case scenario, the landlord has a sufficient security deposit from the tenant that to cover the money damages.

About the Author

Joe Stone is a freelance writer in California who has been writing professionally since 2005. His articles have been published on LIVESTRONG.COM, SFgate.com and Chron.com. He also has experience in background investigations and spent almost two decades in legal practice. Stone received his law degree from Southwestern University School of Law and a Bachelor of Arts in philosophy from California State University, Los Angeles.

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